63A86B_TheEstateOfNaomiAdamsPooleAMENDMENT
Action:
PLANNING COMIVIISSION: November 7, 2001 - Recommended Approval
BOARD OF SUPERVISORS: December 12, 2001 - ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #09 -01 OF THE ESTATE OF NAOMI ADAMS POOLE
WHEREAS, Rezoning #09 -01 of The Estate of Naomi Adams Poole, Lots 1 and 2, was submitted
by Triad Engineering, Inc. to rezone 7.6 acres from M2 ( (Industrial General) to B2 (Business General).
The parcels are located on either side of Hood Way, adjacent to Valley Pike (Route 11) approximately
2,200' northeast of the intersection of Route 11 and Route 37 and are identified with Property
Identification Numbers 63 -A -86B and 63 -A -86C in the Back Creek Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 7,
2001; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 12,
2001; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change 7.6 acres from M2 (Industrial General) to B2 (Business General), as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
Poaes 929-07
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of December, 2001 by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Sidney A. Reyes
Ave
W. Harrington Smith, Jr.
A ye
Margaret B. Douglas
Aye
Charles W. Omdoff, Sr.
Aye
Robert M. Sager
Aye
A COPY ATTEST
John . 'ley, Jr.
Fred erlek County Administrator
PDRes. #23 -01
O:\Agrnde \COMMEWT UONMGURF OLLT Nm iAd Pwle.wpd
REZONING REQUEST PROFFER
Parcel Identification Numbers 63- ((A)) -86A and 63- ((A)) -86B
Shawnee Magisterial District
Page 1 of 2
Pursuant to Section 15.2 -2296 et. Sea., of the code of Virginia, 1950, as amended, and
the provision of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 09 -01
for the rezoning of 7.6 ( + / -) acres from M -2 (Industrial General District) to B -2 (Business
General District). Development of the subject property shall be done in conformity with
the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by the applicant and such be
approved by the Frederick County Board of Supervisors in accordance with Virginia law.
In the event that such rezoning is not granted, then these proffers shall be withdrawn and
have no effect whatsoever.
Transportation
The undersigned, who owns the above described property hereby voluntarily proffers that
is the Board of Supervisors for the County of Frederick, Virginia approves the rezoning
for the 7.6 ( + / -) acres the undersigned will:
Conduct detailed traffic studies and analyses at the site planning stage for
proposed uses on the 7.6 ( + / -) acres in accord with the Virginia Department of
Transportation (VDOT) standards and participate, at site planning stage, for
improvements identified.
Provide necessary right -of -way along Route 11 and Hood Way for road
improvements per VDOT
All entrances shall be along Hood Way.
The conditions offered above shall be binding upon the heirs, executors, administrators,
assigns and successors in interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said rezoning and accepts these conditions, the
proffered conditions shall apply to the land rezoned in addition to other requirements set
forth in the Frederick County Code.
REZONING REQUEST PROFFER
Parcel Identification Numbers 63- ((A)) -86A and 63- ((A)) -86E
Shawnee Magisterial District
Page 2 of 2
Respectfully Submitted,
PROPERTY OWNER j �'M4
By: JT /�
�ifii�
nn (printed name)
Date: X 1D. /0 a '00 (date)
STATE OF VIRGINIA, AT LARGE
I To-wit-
Th oregoing instrummeen tt was acknowledged before me this /Q — day of
December, 2001
My commissio
Notary Public:
Revised 12/05/2001 per Frederick County Staff and Planning Commission Comments.